Is lane splitting illegal in Texas? Riding a motorcycle in San Antonio, Texas, offers unparalleled freedom. Whether you’re cruising down I-10 or Loop 1604, motorcyclists share the road with a lot of traffic. This heavy traffic raises a question I often hear: “Can I split lanes to get ahead?” For a long time, the answer was murky.
“Lane splitting,” where a motorcyclist navigates between two lanes of stopped or slow-moving traffic, has been confusing for many riders. When you’re injured, you need help from a knowledgeable attorney to apply Texas laws in your case. As your personal injury attorney, I want to help you reach favorable results, especially if you’re ever in a motorcycle accident.
What is Lane Splitting or Lane Filtering?
How Is Fault Determined In Lane-Splitting Accidents In Texas?
For years, Texas didn’t have a law directly addressing lane splitting, leaving a lot of room for interpretation by riders, police, and insurance companies. This gray area often made motorcycle accident claims complex. A driver might say, “The motorcycle was riding recklessly,” while the rider would argue, “I was just trying to get through traffic.”
What Is Texas Transportation Code § 545.0605?
In 2023, Texas passed new legislation to clear up this confusion. Texas Transportation Code § 545.0605 states that a motorcycle operator has the full use of a single traffic lane. Passing this new law is a good thing, as it protects riders from being crowded or forced out of their lane. However, this same statute also makes it clear that a motorcyclist may not operate their bike between lanes of traffic moving in the same direction. It also says a motorcyclist cannot pass a vehicle while sharing the same lane.
This new law has a major impact. It means that lane splitting is now explicitly illegal in Texas. While two motorcycles are allowed to ride side-by-side in a single lane, you cannot pass between cars. If you get caught lane splitting on I-35 or any other Texas roadway, they can issue a traffic ticket. More importantly, this law has a direct effect on personal injury claims.
To learn more about Texas lane splitting laws, contact our personal injury attorney.
How Lane-Splitting Affects Your Accident Claim
If you’re in a motorcycle accident, the legal process will focus on figuring out who was at fault. Texas employs “modified comparative negligence” laws, which are also known as “proportionate responsibility.” Comparative negligence is a crucial concept in a personal injury case, and it means you can still recover compensation even if you were partially at fault for the crash.
Here’s how it works: the court or insurance company assigns a percentage of fault to everyone involved. Your total compensation is then reduced by your percentage of fault. For example, if you have $50,000 in damages but are found to be 20% at fault, you can only recover $40,000.
There is a major catch, though. If you are found to be more than 50% at fault for the accident, you are legally barred from recovering any compensation at all. This is often called the “51% bar” and is outlined in Texas Civil Practice and Remedies Code § 33.001.
Now, consider this rule in the context of lane splitting. If you were lane splitting at the time of your accident, the other driver’s insurance company will almost certainly try to use this fact against you. The insurer may argue that your illegal action of lane splitting was the primary cause of the collision, putting you at more than 50% fault. Shouldering the majority of the fault is a common and difficult challenge to overcome.
I have seen cases where insurance adjusters try to take advantage of this new law. They may pressure you to accept a low settlement offer or argue that you are entirely at fault. They use the illegal act of lane splitting to shift all the blame onto the motorcyclist.
What Factors May Contribute To Your Motorcycle Accident Claim in Texas?
Despite these challenges, an accident that occurred while you were lane splitting doesn’t automatically mean you have no case. Other factors might have played a larger role. For instance, did the other driver:
- Suddenly change lanes without a signal
- Open their car door directly in your path
- Fail to yield the right-of-way
- Drive while distracted, perhaps on their phone
- Drive under the influence
How Can A Personal Injury Lawyer Help Your Motorcycle Accident Case?
As your attorney, I can investigate these factors to determine the true cause of the crash. I can work to show that even if you were lane splitting, the other driver’s actions were the main reason for the collision.
My team would gather evidence like:
- Police reports and accident scene photos
- Witness statements from others who saw the crash
- Traffic camera footage from nearby intersections
- Your medical records and bills
- Expert testimony from accident reconstruction professionals
The goal is to prove that the other driver’s negligence was a greater cause of the accident than your lane splitting. This is the only way to get past the 51% bar and secure the compensation you need for your injuries, medical bills, and lost wages.
Don’t Face the Insurance Company Alone
When you’re recovering from an injury, the last thing you need is a complex legal battle. Insurance companies are not on your side. Their goal is to pay you as little as possible, and they will use every legal tool at their disposal to deny or minimize your claim. A case involving lane splitting only gives them more ammunition.
I was born and raised right here in San Antonio. I know the roads, the people, and the challenges our community faces. I also know that life-changing accidents can happen in an instant. That’s why I opened Bergmann Law Firm, PLLC. I handle my clients’ problems personally and ensure they get the advice they need to hear, not just what they want to hear.
Speak With An Experienced Personal Injury Lawyer Today
If you or a loved one has been in a motorcycle accident in San Antonio or elsewhere in Texas, please don’t hesitate to reach out to an experienced San Antonio lawyer. I can help you understand your legal options and fight for the best possible outcome.
I offer a free consultation to all prospective clients at 210-759-4336.
